Phillips

MEMORANDUM *

Joshua William Phillips appeals from the district court’s order denying his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . Phillips argues that the district court erred in denying his petition because the state trial court violated his Sixth Amendment right to confront witnesses against him. He argues also that the district court erred in concluding that there was sufficient evidence in the record to support the jury verdict against him.

Phillips has probably procedurally defaulted his Confrontation Clause claims because, as the last-reasoned state court decision explains, defense counsel failed to adequately object to the admission of video-taped interviews and an oral statement given to a police officer. Nevertheless, the merits of Phillips’ petition are easily resolved against him, and we affirm the district court on this basis. See Lambrix v. Singletary, 520 U.S. 518, 522-25 , 117 S.Ct. 1517 , 137 L.Ed.2d 771 (1997) (explaining that when a habeas petition presents both a question of procedural default and a merits issue, the procedural-bar question should ordinarily be considered first; however, where the procedural issue presents…